JURISDICTIONAL ISSUES IN CYBERSPACE: AT THE CROSSROADS — THE PROPOSED HAGUE CONVENTION AND THE FUTURE OF INTERNET DEFAMATION

Abstract

This article concerns the issue of jurisdiction over Internet defamations de lege ferenda. Article 10 of the proposed Hague Convention on Jurisdiction and Enforcement of Foreign Judgments in Civil and Commercial Matters constitutes the point of departure for the analysis. The main aim of the article is to show that the current situation is unhealthy and that we need to make a decision — regulate the Internet or leave it unregulated. Furthermore, the article attempts to demonstrate why the current draft of the proposed Hague Convention does not deal with Internet defamation in an adequate manner. In that context, a suggestion for how Article 10 could be amended to ensure suitable application to cases involving the spread of defamatory information over the Internet is provided.